Increase in the Number of Judges in the Supreme Court to 38
Context:
Recently, President Droupadi Murmu approved the “Supreme Court (Number of Judges) Amendment Ordinance, 2026”. Under this, the sanctioned strength of judges in the country’s apex court has been increased from 34 to 38 (37 judges + 1 Chief Justice). This decision was taken on the recommendation of the Cabinet and upon the request of the Chief Justice of India, Justice Surya Kant.
Legal Framework to increase the number of Judge of Supreme Court:
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- The number of judges in the Supreme Court is determined under the Supreme Court (Number of Judges) Act, 1956, which can be amended by Parliament. The Supreme Court of India began functioning in 1950 with eight judges (one Chief Justice and seven judges). Over time, due to increasing judicial workload, the sanctioned strength has been progressively expanded.
- The recent ordinance amends Section 2 of the 1956 Act. A bill to replace this ordinance is expected to be introduced in the upcoming Monsoon Session of Parliament.
- Under Article 124(1) of the Constitution of India, Parliament has the authority to decide the number of judges in the Supreme Court. Using this flexibility, the strength has been revised multiple times over the years—11 judges in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2008, and 34 in 2019 (excluding the Chief Justice). The latest amendment increases the strength to 37 judges plus the Chief Justice, making a total of 38.
- The number of judges in the Supreme Court is determined under the Supreme Court (Number of Judges) Act, 1956, which can be amended by Parliament. The Supreme Court of India began functioning in 1950 with eight judges (one Chief Justice and seven judges). Over time, due to increasing judicial workload, the sanctioned strength has been progressively expanded.
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Why Was the Increase in Number Necessary?
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- Heavy Backlog of Cases: By April 2026, the number of pending cases in the Supreme Court of India had reached a record level of 92,823. Due to the shortage of judges, the case clearance rate was relatively slow, leading to growing judicial delays.
- Formation of Constitutional Benches: Under Article 145(3) of the Constitution, a bench of at least five judges is required to decide cases involving interpretation of the Constitution. Increasing the number of judges will make it easier to constitute larger and more frequent constitutional benches.
- Judicial Efficiency and Workload Pressure: At present, judges in the apex court face the burden of hearing dozens of cases daily. Increasing the number of judges will allow them more time for in-depth analysis of cases and delivery of well-reasoned judgments.
- Heavy Backlog of Cases: By April 2026, the number of pending cases in the Supreme Court of India had reached a record level of 92,823. Due to the shortage of judges, the case clearance rate was relatively slow, leading to growing judicial delays.
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Way Forward:
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- Quick Filling of Vacancies: After increasing the sanctioned strength to 38, the current working strength stands at 32, leaving six vacancies. The Collegium system must fill these posts promptly to ensure that the intended benefits of this reform are realized.
- Increasing Numbers Alone is not Enough: Experts believe that merely increasing the number of judges is not a complete solution to judicial delays. It must be complemented with broader reforms, including:
- Modernisation of courts: Greater use of AI and digital case management systems.
- Limiting appellate jurisdiction: The Supreme Court should primarily function as a constitutional court, with proposals such as a National Court of Appeal being considered.
- Strengthening lower courts: A large share of pending cases lies in district and subordinate courts, requiring foundational reforms at that level.
- Modernisation of courts: Greater use of AI and digital case management systems.
- Quick Filling of Vacancies: After increasing the sanctioned strength to 38, the current working strength stands at 32, leaving six vacancies. The Collegium system must fill these posts promptly to ensure that the intended benefits of this reform are realized.
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Conclusion:
Increasing the number of judges to 38 is a progressive step towards ensuring the right to speedy justice. However, for the Indian judiciary to become fully efficient, continuous reforms in procedures, infrastructure development, and greater transparency in the Collegium system remain essential.
